Court No. - 32
Case :- WRIT - C No. - 42608 of 2019
Petitioner :- Avinash Tripathi
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Tripathi Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
This writ petition has been filed, inter alia, for the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 01.11.2019 as well as order dated 26.11.2019 passed by respondent no.4 (as contained as Annexure Nos. 6 & 9 to this writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent nos.2 to 4 not to demolish the construction house of petitioner i.e. House No.13/209, J-4, Situated at Mohalla Brij Enclave Colony, Ward Nagwa, Pargana Dehat Amanat, Tehsil Sadar, District Varanasi."
At the very outset, learned counsel for the respondents submitted that the petitioner has an alternative and efficacious statutory remedy by way of an appeal under Section 27(2) U.P. Urban Planning and Development Act for redressal of his grievance before the appellate authority but instead of availing the said alternative remedy, the petitioner has chosen to file the present writ petition, which is not maintainable before this court. Learned counsel for the petitioner has not been able to rebut the contention so made by the learned counsel for the electricity department.
Heard the learned counsel for the parties and perused the record.
Admittedly, for redressal of his grievance, the petitioner has an alternative statutory remedy of appeal under Section 27(2) U.P. Urban Planning and Development Act before the appellate authority.
The petitioner may, if so advised, file an appeal against the final order under section 27(2) U.P. Urban Planning and Development Act before the appropriate authority within three weeks from today along with a certified copy of this order and if any such appeal is filed by the petitioner, the concerned appellate authority shall decide the same on merits preferably within six weeks from the date of filing of the said appeal in accordance with law without reference to the period of limitation, if the appeal is filed within the time as indicated herein above.
For a period of nine weeks or till the disposal of the appeal whichever is earlier, no coercive measures shall be taken against the petitioner .
It is made clear that this Court has not expressed any opinion on the merits of the case. The petitioner, if prefers an appeal under before the appellate authority within the stipulated period, the appellate authority shall consider the matter on its own merits.
It is also made clear that in case the petitioner does not filed the appeal before the competent authority within the stipulated period, as indicated herein above, the benefit given to the petitioner under this order shall cease to operate.
With the above observations, the present writ petition stands finally disposed of.
Order Date :- 20.12.2019 MLK